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HomeMy WebLinkAboutRes 2025-063RESOLUTION NO. 2025-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESEERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE TO ADD SINGLE FAMILY RESIDENTIAL AND DAY CARE CENTERS AS AN ALLOWED LAND USE TYPE AND MAKING A FINDING OF EXEMPTION UNDER CEQA. CASE NOS. ZOA25-0001 WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and regulations; WHEREAS, the Zoning Ordinance Amendment (“Project”) is initiated by the City of Palm Desert Development Services Department and modifies Title 25 (Zoning) of the Palm Desert Municipal Code to add single family residential and day care centers as allowed land use types; and WHEREAS, the City has complied with the requirements of the Local Planning and Zoning Law (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with respect to approval of amendments to Title 25 of the Palm Desert Municipal Code (“Zoning Ordinance”); and WHEREAS, the proposed Project would not create any nonconforming uses or structures and makes the Municipal Code and General Plan consistent with existing structures and uses; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the environment under Section 15061(b)(3) General Rule of the CEQA Guidelines of the CEQA Guidelines; therefore, no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of July 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request and adopted Planning Commission Resolution 2895 recommending the City Council approve of said Project; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of August 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the Docusign Envelope ID: D61B6E48-0E17-4DF6-847E-7B027D818776 Resolution No. 2025-063 Page 2 following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. General Plan Consistency. There is a substantial public benefit to be derived from the Zoning Ordinance Amendment and the proposed amendment furthers the goals of the General Plan. The Zoning Ordinance Amendment is in line with the General Plan, as amended via General Plan Amendment 25- 0001, approved by the City Council on August 28th, 2025. The provided General Plan Amendment clarifies that single family residential units are allowed within the City Center/Downtown designation, which is consistent with the Palm Desert Municipal Code and with existing single family residential units constructed and used within the area. The removal of a minimum density allows additional opportunities for development of sites within the area to increase the amount of housing units. The General Plan Amendment does not introduce significant change but instead clarifies original intention and existing uses for the City Center/Downtown. SECTION 3. CEQA Determination. The City Council finds that this is not a “project,” as defined in the California Environmental Quality Act (CEQA) because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedures. SECTION 4. Zoning Ordinance Amendment. The City Council approves the Zoning Ordinance Amendment as presented, as depicted in Exhibit “A.” SECTION 5. Based upon the foregoing findings and facts incorporated herein, the City Council hereby approves ZOA25-0001. ADOPTED ON AUGUST 28, 2025. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Docusign Envelope ID: D61B6E48-0E17-4DF6-847E-7B027D818776 Resolution No. 2025-063 Page 3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-063 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on August 28, 2025, by the following vote: AYES: NOES: ABSENT: NESTANDE, PRADETTO, AND QUINTANILLA NONE NONE ABSTAIN: NONE RECUSED: TRUBEE AND HARNIK IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________. ANTHONY J. MEJIA CITY CLERK Docusign Envelope ID: D61B6E48-0E17-4DF6-847E-7B027D818776 9/9/2025 Resolution No. 2025-063 Page 4 Exhibit “A.” See following pages Docusign Envelope ID: D61B6E48-0E17-4DF6-847E-7B027D818776 §25.18.040. Land Use and Permit Requirements. Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the downtown districts and all other provisions of this title. Descriptions/ definitions of the land uses can be found in Chapter 25.99 (Definitions). The special use provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS P = use permitted by right A = use requires administrative use permit C = use requires approval of conditional use permit N = use not permitted Land Use Zone Special Use Provisions D D-O DE DE-O Residential Uses Accessory dwelling unit P P P P 25.34.030 Assisted Living N N N C Condominium C1 C1 C C 25.16.040.B Dwelling, duplex C1 C1 C P 25.16.040.B Dwelling, multifamily C1 C1 C P 25.16.040.B Dwelling, single-family C1 C1 C N P 25.16.040.B Group home C1 C1 C N 25.16.040.B Junior accessory dwelling unit P P P P 25.34.030 Home-based business P4 P4 P4 P4 25.34.020 Agriculture-Related Uses Garden, private C1 C1 N P Greenhouse, private N N C P Horticulture, private N N C P Recreation, Resources Preservation, Open Space, and Public Assembly Uses Club, private N N N C Day care center C1 C1 N N Day care, large family N N N P 25.10.040.F Day care, small family N N N P Institution, educational N N C C City of Palm Desert, CA Downloaded from https://ecode360.com/PA4981 on 2025-06-05 C1 Resolution No. 2025-063 Page 5Docusign Envelope ID: D61B6E48-0E17-4DF6-847E-7B027D818776 Land Use Zone Special Use Provisions D D-O DE DE-O Institution, general N N C C Institution, religious N N C C Mechanical or electronic games, < 4 P1 P1 P N Mechanical or electronic games, > 5 C1,2 C1,2 C N Recreational facility, incidental N N N C 25.10.040.H Recreation facility, private N N N P Recreation facility, public N N N C Retail, Service, and Office Uses Accessory massage establishments P P P N 25.34.160 Ancillary commercial N N A N 25.16.040.E Animal Clinic C1,6 C1,6 C1,6 N 25.34.210 Art gallery P P P A Art studio P1 P1 A A Book and card shops P P N N Bed and breakfast N N C C Cannabis storefront retail C N C N 25.34.120 Cannabis testing and research laboratory N N N N 25.34.120 Clothing and apparel shops P P P N Convention and visitor's bureau P1 P1 C N Drugstore P1 P1 N N Financial institution P1 P1 C N Furniture stores and home furnishings P P P N Gift and accessories boutiques (including small antiques) P P P N Grocery store < 35,000 SF C1 C1 N N Health club, gyms or studios C1,2 C1,2 C2 N Hotel C C C C Independent stand-alone massage establishments P1 P1 C N 25.34.160 Jewelry shops P P P N Liquor store P1 P1 N N Liquor, beverage, and food items shop P1 P1 N N Luggage shops P P P N Medical, clinic P1 P1 P N City of Palm Desert, CA § 25.18.040 § 25.18.040 Downloaded from https://ecode360.com/PA4981 on 2025-06-05 Resolution No. 2025-063 Page 6Docusign Envelope ID: D61B6E48-0E17-4DF6-847E-7B027D818776 Land Use Zone Special Use Provisions D D-O DE DE-O Medical, office P1 P1 P A5 Medical, hospital P1 P1 C C Medical, laboratory N N P N Mortuary C1 C1 N N Office, professional P3 P3 P3 P3 25.28.040.C Office, local government P1 P1 P N Office, neighborhood government N N N C Office, travel agency P3 P3 P N 25.10.040.K Outdoor sales A1 A1 A N Personal services P P P N Restaurant C2 C2 C1 N 25.16.040.H Retail P P P N Retail, bulky items P1 P1 C N Retail, Golf carts and neighborhood electric vehicles (NEV) C N C N 25.34.190 Spa P P P C Sundries shops (general merchandise) P P P N Time-share project C1 C1 N N Utility, Transportation, Public Facility, and Communication Uses Fire station C C C C Commercial communication tower C C C Commercial parking lot P P C C 25.10.040.I Office parking lot N N N C 25.10.040.L Public service facility N N N C Utility facility N N N C Utility installation C C N N Automobile and Vehicle Uses Automotive rental agency P P C N Automotive service station C C N N Temporary Uses See Section 25.34.080 1 Uses prohibited along El Paseo facing ground floor frontages. 2 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on parking, traffic, or other impacts. 3 Office professional uses along El Paseo facing ground floor frontages within the El Paseo Overlay district may be allowed subject to a conditional use permit per Section 25.28.040(El Paseo Overlay district). City of Palm Desert, CA § 25.18.040 § 25.18.040 Downloaded from https://ecode360.com/PA4981 on 2025-06-05 Resolution No. 2025-063 Page 7Docusign Envelope ID: D61B6E48-0E17-4DF6-847E-7B027D818776 4 Home occupation uses are permitted in residential dwelling units in approved residential and mixed-use developments. 5.Medical offices existing and operating with an appropriate City business license prior to 2023 are permitted by right to continue operating without requiring an administrative use permit. 6.Use only permitted on properties with frontage along Highway 111. (Ord. 1313, 2016; Ord. 1329 § 4, 2017; Ord. 1350A § 2, 2019; Ord. 1358 § 2, 2020; Ord. 1393 §12, 2023; Ord. 1405 § 2, 2023; Ord. No. 1416, 8/22/2024) City of Palm Desert, CA § 25.18.040 § 25.18.040 Downloaded from https://ecode360.com/PA4981 on 2025-06-05 Resolution No. 2025-063 Page 8Docusign Envelope ID: D61B6E48-0E17-4DF6-847E-7B027D818776